Does she have to merge into the right hand lane anyway? It seems she was heading in a strange trajectory.
Technical had a crash, need some advice :(
- Thread starter mzhussein
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Technical had a crash, need some advice :(
Doesn't necessary make a huge difference.
On entering a major road system you must prove you've established your presence successfully i.e you can't just pull out onto a major road such that cars crash into the back or side of you. Once established, the onus is reversed and rear end shunts will always be 100% the error of driver behind.
It's a hopeless task to argue you're established if still perpendicular to traffic flow (and stationary for that matter).
If this case, it seems clear she was taking even less care considering the conditions - but that's how it goes sometimes - with the law, and hence insurance companies, finding for the more 'stupid' driver
I very much doubt you'd be 100% liable if you were stationary and another car sideswiped you. Its not hellish much different to being rear ended.
Would be very interested to hear what your insurance firm says though, might settle this little arguement!
Its some what different to being rear ended TBH.
The problem here is the giveway lines.
Stationary or not at the imediate point of impact, technically the op failed to give way at a point they should have by having strayed over the giveways lines, even though it was unintentional.
well i spoke to them today, and explained it all....just got to wait...seems chassie is bent, guy at body shop said he can pull it back into line for £150...hes giving me a quote to give my insurance company if they need it, and ima start the long repair process tomorrow
I doubt for £150 they'll be pulling the chasis back into line.
What part of the chasis is bent?
It is the front leg?
Thats the only aguement you could try and use in my view without any evidence to back up the other points.
If you look at the photo's the nearside front chassis leg
is a few inches upon that side. It maybe just the leg that
supports the bumper and may be bent from a point in front
of the front subframe mounts.
If the subframe has not moved and the front member is
un bolted it's surprising how much a scaffolding
bar in the hollow section can pull it back into postion.
It is critical however that the subframe is not out of position
if it is then it needs doing professionally.
John
is a few inches upon that side. It maybe just the leg that
supports the bumper and may be bent from a point in front
of the front subframe mounts.
If the subframe has not moved and the front member is
un bolted it's surprising how much a scaffolding
bar in the hollow section can pull it back into postion.
It is critical however that the subframe is not out of position
if it is then it needs doing professionally.
John
Agreed.
Could well be a right off unfortunatly then
And mzhussein, before you think of getting it done on the cheap if it has gone, look at this, as its a very similar principal and is chilling
OP
OP
not getting done on the cheap, the car will be repaired properly, even if its expensive, i do not want to comprimise saftey, ever. its at a body shop i know "mates rates" that price is for me, the estimate for the insurance is different, will let you know when hes done it what it is,
@ hellcat: i drove round near there allot today in various peoples cars (was passenger) and not one of them was in the left hand lane...id deffinatley agree her line of travel was strange....and yes she did hav eot merge into the right hand lane, so another example strangeness.....only time will tell
i dont know what the technical term is for the bit that is bent but if you look straight down the front left/right under the bonnet, you see it, on both sides, ill try and get a pic tomorrow if its not iced solid...it bends out towards the corners of the car, but now bends in. i think its hollow, not a solid lump...
edit: after watching that video, it could be a chassis leg, but from what ive seen in the car it is only supporting the bumper support....the body shop guy when he got it on the ramps, checked it with a squaring tool if that makes sense, to make sure it all still line dup and it was fine, jsut this bent thing (chassis leg) causing the car to look lop sided, he reccomended i strip it down and then itd be easy to see.
@ hellcat: i drove round near there allot today in various peoples cars (was passenger) and not one of them was in the left hand lane...id deffinatley agree her line of travel was strange....and yes she did hav eot merge into the right hand lane, so another example strangeness.....only time will tell
i dont know what the technical term is for the bit that is bent but if you look straight down the front left/right under the bonnet, you see it, on both sides, ill try and get a pic tomorrow if its not iced solid...it bends out towards the corners of the car, but now bends in. i think its hollow, not a solid lump...
edit: after watching that video, it could be a chassis leg, but from what ive seen in the car it is only supporting the bumper support....the body shop guy when he got it on the ramps, checked it with a squaring tool if that makes sense, to make sure it all still line dup and it was fine, jsut this bent thing (chassis leg) causing the car to look lop sided, he reccomended i strip it down and then itd be easy to see.
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Sounds like just the tip of the leg then, so you might have got away lightly (so to speak).
Jon.
Jon.
OP
OP
yeh the rest of the leg looked in line, i think cos it was a front/side on collision, rather than head on so it didnt crumple just bent a bit....but if its doable with a scaffold pole ill give that a go, this is goign to be quite expensive....cant seem to find a bumper in any breakers, they all keep giving me 5 door 1's tellign me they will fit.....
oh and MEP im gonna post up a pic of the headlight i bought, can u tell me if its 5 or 3 dr please? what orientation would you like the pic?
oh and MEP im gonna post up a pic of the headlight i bought, can u tell me if its 5 or 3 dr please? what orientation would you like the pic?
Pic front on if possible please (imagine it fitted to the car, and taking pic of the front of the car)
(and then just a few random pics of it if possible).I'll keep an eye out for any 3 door Stilo's my way. A slight travel for you, but if they've got one with all the bits then it might be worth it for you?
Out of interest you haven't come accross any blue 2004> 5-doors in your search have you as I'm still trying to source rear end bits for mine
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the bits im finding hard to find are the front bumper and the plastic shroud thing that covers the whole front of the car encapsulating the radiators....partly because ive no idea what its called or how to describe it, what PNL suggested isnt the right thing at all....when i strip it down if i havnt found out what it is by then ill take a pic of it "reconstructed" and someone can name it. oh, its connected to the bit of plastic under the bonnet that has the metal plate with the colour codes and VIN's on it...if that helps
She wasn't on her hand held mobile at the time was she?
If so she is legally at fault whoever caused the crash.
Can be proved from phone records at time of crash
by the police.
John
If so she is legally at fault whoever caused the crash.
Can be proved from phone records at time of crash
by the police.
John
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i never thoguht of that, but i think that given the prestige of the car there would have been some sort of integrated phone, but how would i go about checkign this?
FYI: it was a mecedes benz clk280 avangard convertible hardtop.....
FYI: it was a mecedes benz clk280 avangard convertible hardtop.....
I've seen people in Astons and Ferrari's on the phone - probably because learning how to use the bluetooth is below them
I must admit the position of that bus stop (originally I thought it was the start of the bus lane :chin is interesting.
After all, had a bus been parked there then presumably she'd have hit it and if your car was no further out than the bus stop markings then she'll need to give a good explanation as to why she hit you.
I'd imagine, she will say you skidded straight out in front of her (which on balance a judge, if it comes to a court case, would consider the more likely scenario)
For her to simply career into you when you were clearly visible as far back as the roundabout is going to take some explaining as on that basis she would also have hit a bus stopped at the bus stop. This version is very unconvincing (in the eyes of a court) so you desperately need an independent witness to back you up.
Did you not notice anything strange at the time?
What did she say to you?
is interesting.After all, had a bus been parked there then presumably she'd have hit it
and if your car was no further out than the bus stop markings then she'll need to give a good explanation as to why she hit you.I'd imagine, she will say you skidded straight out in front of her (which on balance a judge, if it comes to a court case, would consider the more likely scenario)
For her to simply career into you when you were clearly visible as far back as the roundabout is going to take some explaining as on that basis she would also have hit a bus stopped at the bus stop. This version is very unconvincing (in the eyes of a court) so you desperately need an independent witness to back you up.
Did you not notice anything strange at the time?
What did she say to you?
OP
OP
i was pretty shocked, so wasnt fully aware to anythign she realy said, except the whole "i saw you so i sped up to try and avoid you" line..... and the only whitness is an RAC driver who just after the accident was taking her side because im a young male driving a "flash" car......so its probably going to end up them finding in favour of her, but im going to write a letter to her insurer about it independant of what mine do. and yes if there had been a bus she would have hit it....
They still braking the law, even if used hands free, if they cause an accident still
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wooop i managed to get bonnet, bumper suport, that plastic shroud, wing and headlamp for £200...should be delivered tomorrow.....MEP im still gonna post up a pic of the other headlamp i got initially, i took the second one cos i cant resist a good deal
still nothing from the insurers after the initial phonecall.....might give them a bell....
still nothing from the insurers after the initial phonecall.....might give them a bell....
wooop i managed to get bonnet, bumper suport, that plastic shroud, wing and headlamp for £200...should be delivered tomorrow.....MEP im still gonna post up a pic of the other headlamp i got initially, i took the second one cos i cant resist a good deal
still nothing from the insurers after the initial phonecall.....might give them a bell....
You've done bloody well at that price! And asleast you know the 2nd headlamp will be the rigt one.
And if you manage to sort out the leg for £150 then it'll have been cheaper than somepeoples excess!
Were the bits the same colour out of interest?
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no there not havnt seen any stilos in red in any breakers, the mammoth cost will be the re-spraying....looks like itll be about £300 to do the spraying, practically the whole front end, and has to be "fethered" into the bordering pannels so you cant tell...also going to have some dad caused damage to the side skirts, cos he drove over a few high kerbs, fixed at the same time, and the door mirrors re-painted cos they have faded for some strange reason...i might even see if i can get a cheap shui bumper ....you know if that one that was kicking around in the classifieds ever got sold??
havnt seen any stilos in red in any breakers, the mammoth cost will be the re-spraying....looks like itll be about £300 to do the spraying, practically the whole front end, and has to be "fethered" into the bordering pannels so you cant tell...also going to have some dad caused damage to the side skirts, cos he drove over a few high kerbs, fixed at the same time, and the door mirrors re-painted cos they have faded for some strange reason...i might even see if i can get a cheap shui bumper ....you know if that one that was kicking around in the classifieds ever got sold??
It's only your word against hers but that's a rather incriminating statement as it suggests she made no attempt to stop.
Did she even realize you'd skidded on ice?
If she simply saw you at the junction and decided she wanted to be in front of you before you pulled out (and therefore accelerated) then I'd go along with that version as it puts her in a bad position i.e. don't mention the skid.
In some respects, you might have been better with a police report especially if excess speeds were involved.
